A & D Douglas Pty Ltd ACN 008 404 180 v Lawyers Private Mortgages Pty Ltd ACN 010 556 751 [2004] FCA 1286

A & D Douglas Pty Ltd ACN 008 404 180 v Lawyers Private Mortgages Pty Ltd ACN 010 556 751 [2004] FCA 1286

Because evidence of subjective understanding has been regularly received in Trade Practices cases and may assist the Court in identifying the response of a reasonable member of the relevant class, the Court would receive evidence about understandings of particular statements, terms or expressions, but not for advancing idiosyncratic meanings or broad statements about the overall effect of documents.

Jurisdiction
Australia
Judgment Date
20 September 2004
Procedural Posture
Trade Practices Proceeding / Trial Evidentiary Ruling on Admissibility of Evidence as to Applicants' Understanding of Statements
Outcome
Evidence as to the applicants' understanding of particular statements, terms or expressions was to be received subject to the stated limits; broad statements as to the overall effect of documents were not to be received.
Legal Topics
['admissibility of Evidence' 'subjective Understanding of Representations' 'misleading or Deceptive Conduct' 'reasonable Member of the Class' 'reliance' 'prior Consistent Statements']
['evidence' 'trade Practices'] ['admissibility of Evidence' 'subjective Understanding of Representations' 'misleading or Deceptive Conduct' 'reasonable Member of the Class' 'reliance' 'prior Consistent Statements']

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Procedural Posture

Trade Practices Proceeding / Trial Evidentiary Ruling on Admissibility of Evidence as to Applicants' Understanding of Statements

Legal Issues

  1. 1 ['Whether the applicants may lead evidence as to their understanding of particular statements made to them by or on behalf of the respondents.' 'Whether cases seeking injunctive relief should be treated differently for the admissibility of such evidence.' 'Whether explanations as to why a person relied upon a particular representation should be admitted.']

Ratio Decidendi

Because evidence of subjective understanding has been regularly received in Trade Practices cases and may assist the Court in identifying the response of a reasonable member of the relevant class, the Court would receive evidence about understandings of particular statements, terms or expressions, but not for advancing idiosyncratic meanings or broad statements about the overall effect of documents.

Court Disposition

Evidence as to the applicants' understanding of particular statements, terms or expressions was to be received subject to the stated limits; broad statements as to the overall effect of documents were not to be received.

Orders

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